Attorneys discuss the cases that keep them busy: DUI

Forty attorneys recently spent several hours at the Hotel Fauchére in Milford discussing the 1992 film "My Cousin Vinny" in relation to actual capital murder cases.

JESSICA COHEN

Forty attorneys recently spent several hours at the Hotel Fauchére in Milford discussing the 1992 film "My Cousin Vinny" in relation to actual capital murder cases.

Pike County Bar Association President Elizabeth Erickson Kameen arranged the setting as a colorful approach toward continuing legal education. Informative and provocative commentary was provided by panelists that included Chief Public Defender Ben van Steenburgh III, District Attorney Ray Tonkin, Public Defender Michael Weinstein, and Bar President Judge Joseph Kameen — plus the president and vice president of the Pennsylvania Bar Association, Thomas Wilkinson and Francis O'Connor, respectively.

While some attendees plan to prepare themselves for capital cases and others do not, a random survey of criminal lawyers there indicated that the crime that takes more of their time than any other is DUI — driving under the influence.

While alcohol is the most common influence cited, van Steenburgh says police have been taking Drug Recognition Expert training to detect the effects of other drugs.

He said about a third of his cases involve DUI.

Criminal attorney Oressa Campbell, a conflict counsel for the public defender's office from 2006-11, said most people with murder charges choose public defenders for their defense, as a murder trial can otherwise cost $25,000-$50,000. Her most frequent cases involve DUI. Whether they become repeat offenders depends largely on their relationship with alcohol.

"The numbers are split," Campbell said. "Alcoholics may come back two to four times, while those who are not alcoholics, who just made a bad choice, may never come back."

The people who repeatedly appear in Campbell's office with DUI charges often have other criminal infractions.

"They're living on the edge," she said. "They've had shoplifting and bad-check charges."

Campbell has clients with other problems. "I've had a string of business people who lost their jobs, felt depressed because they couldn't support their families," she said. "They drink and end up with DUI charges."

Many are unmarried blue collar workers who go out for drinks with their friends. And she sees young adults who "feel they will somehow get out of it."

The Accelerated Rehabilitated Disposition program gives recourse for some first-time offenders, if injuries are not involved and a child was not in the vehicle. It's basically a probationary program that allows defendants to keep charges off their records, provided they complete the program without getting into any more trouble. Depending on the alcohol level in their blood when caught, offenders' license suspension period may be reduced from a year to 30 or 60 days, minimum 90 days for those who refuse the breathalyzer test.

Users of prescription drugs such as Percoset and Oxycontin, which come with warnings about combining them with alcohol, also show up in Campbell's office for DUI offenses, along with users of marijuana.

Because of overcrowded prisons, some who incur prison sentences may get reduced time combined with time at home with alcohol detection electronic monitoring equipment.

"It's up to the court," Campbell said. "A second DUI offense usually entails 90 days incarceration minimum, but they may get 30 days with 90 days at home on monitoring equipment."

People are more likely caught at certain times, van Steenburgh said.

"After midnight, police wonder what you're doing on the road," he said. "At 3 a.m., take a guess. If you roll through a stop sign, you must be punished. I know there are tragic and nontragic consequences."